Communication law and policy are back on the front burner in Washington

Communications legislation and regulation are moving back to the front burner in Washington as both Congress and the FCC turn up the flames on this policy area that has seen relatively little attention in the last five years. The Republican-controlled House leadership is pushing for a Communications Act rewrite, while FCC Chairman Tom Wheeler is beginning to stake out some positions on the Commission’s role in broadcast and internet.

Radio was forever changed by the 1996 Act, which eliminated the national cap on station ownership and greatly loosened local ownership restrictions, paving the way for the likes of Clear Channel and Cumulus to own hundred of stations. However, we can expect that internet and wireless spectrum regimes will be at the forefront for this week’s hearing. One might argue that the damage to broadcast radio is already done and impossible to roll back.

One of the big questions being posed by Upton and Walden is whether or not the current division in regulatory regimes between telecommunications services–like telephones–and information services–like the internet–is justifiable in the current environment. In their whitepaper they note that “Once the law distinguished that ‘information’ services would be largely unregulated while ‘telecommunications’ services would remain highly regulated, information services grew at a rapid pace.” You don’t have to read that statement too closely to see that this question is the tip of an iceberg with a deregulatory trajectory, rather than a warning shot for network neutrality.

Even though broadcast radio is unlikely to be a major aspect of a Communications Act rewrite, we shouldn’t expect it to be ignored outright. A forefront issue of great important to radio will be the treatment of wireless spectrum and broadband services. As we see with AT&T’s proposed “sponsored data” plans, the future health of independent and noncommercial online radio services depend the extent to which wireless carriers are permitted to privilege data from certain companies and services.

At another policy address earlier the same day at the Computer History Museum in San Jose, CA, Wheeler also made assurances that “it is essential that the FCC continue to maintain an open Internet and maintain the legal ability to intervene promptly and effectively in the event of aggravated circumstances.”

Wheeler’s fellow commissioners made similar affirmations at the Consumer Electronics Show last week, although they punted on making any specific judgements about AT&T’s “sponsored data” plans. At another CES panel Wheeler said that they to learn more, but should be ready to intervene if the plan turns out to be anti-competitive.

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About Paul Riismandel

Paul Riismandel is co-founder and operations director of Radio Survivor. He is also the podcasting evangelist for Midroll Media, serving as producer for The Wolf Den podcast. Paul has more than 20 years of experience in non-commercial radio and instructional media. He is a contributing editor for Streaming Media Magazine, covering the education beat.